✦ High Court of India · 04 Mar 2025

PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K v. JAYAKUMAR TUESDAY, THE

Case Details High Court of India · 04 Mar 2025

Court

High Court of India

Decided

04 Mar 2025

Bench

AMIT RAWAL K V JAYAKUMAR

Length

7,965 words

BY ADV SRI.MARTIN G.THOTTAN THIS OP (CAT) HAVING BEEN FINALLY HEARD ON ON 04.03.2025, ALONG WITH OP (CAT).40/2020, 65/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT)No.296/2019 and connected cases 9 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 OP (CAT) NO. 40 OF 2020 AGAINST THE ORDER DATED 04.11.2019 IN OA NO.988 OF 2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS/RESPONDENTS: 1 2 3 4 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN P.O., CHENNAI - 600 003. SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM - 695 014. SENIOR DIVISIONAL MECHANICAL ENGINEER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM - 695 014. DIVISIONAL ENGINEER (ELECTRICAL)-GENERAL, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM - 695 014. BY ADV C.DINESH RESPONDENTS/APPLICANTS: 1 K.C.PRAKASH, S/O.K.C.CHELLAPPAN, TECHNICIAN-1/AC, O/O. THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT K.C.HOUSE, KUNNUMMAKKARA P.O., VIA CHEMBALA, CALICUT - 673 308. OP(CAT)No.296/2019 and connected cases 10 2 3 4 5 6 7 8 P.ANIL KUMAR, S/O.PRABHAKARAN PILLAI, TECHNICIAN-I/AC, O/O.THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT NANDANAM, CHARUKADU, CHEMMAKKADU P.O., KOLLAM - 691 601. JULIAN XAVIER FERNANDEZ, S/O.XAVIER, SR.TECHNICIAN/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT JULIATH BHAVAN, NEENDAKARA P.O., KOLLAM - 691 582. S.AJITH KUMAR, S/O.P.SIVAN PILLAI, AC COACH ATTENDANT,O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT KRISHNA BHAVAN, TC 26/1602, PRESS ROAD, THIRUVANANTHAPURAM - 695 001. S.SANTHOSH KUMAR, S/O.S.SHANMUGHAN, SR.TECHNICIAN/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT TC 18/1627/2, SOPANAM, ARA (38A), ANAYIDAVAZHI, PURAPOTTA LINE, ARUMADA P.O., THIRUVANANTHAPURAM - 695 032. RAJU S., S/O.G.SREEDHARAN, TECHNICIAN-II/AC,O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT SANTHA BHAVAN, PARAMESWARAM, MUDAKKAL P.O., CHEMPOOR - 695 103. K.ANIL KUMAR, S/O.V.SANKARANKUTTY NAIR, AC COACH ATTENDANT, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT VALAVATH HOUSE, KAYILLAD P.O., SHORNU-2, PALAKKAD - 679 122. V.M.SREEKUMAR, S/O.VELAYUDHAN, TECHNICIAN-I/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT OP(CAT)No.296/2019 and connected cases 11 PAPPURATHU VEEDU, KULATHOOR, UHAKADA P.O., THIRUVANANTHAPURAM - 695 506. MOHANAN C., S/O.CHELLAPPAN, SR.TECHNICIAN/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT JISHNU BHAVAN, KURUPUZHA, VEMB, MANALAYAM, ELAVATTOM P.O., THIRUVANANTHAPURAM - 695 562. P.JAYALAL, S/O.D.POULOSE, SR.TECHNICIAN/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT SRUTHILAYAM, TAGORE GARDENS, CHAMPAYIL ROAD, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121. M.SUKESH, S/O.MURALEEDHARAN NAIR, TECHNICIAN-I/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT MURALEERAVAM, VALLAMCODE, KALLIYOOR P.O., THIRUVANANTHAPURAM - 695 042. SHOURY KUMAR MALLELA, S/O.M.LAZAR, TECHNICIAN-I/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT 754, ANVER GARDENS, POOJAPPURA RAILWAY COLONY, THIRUVANANTHAPURAM - 695 012. K.JAYAPRAKASH, S/O.KOCHUVALLU PILLAI, AC COACH ATTENDANT, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT ATHIRA, WATCHER MUKKU, VARKALA, THIRUVANANTHAPURAM - 695 141. M.RAMA KRISHNAN, S/O.MURUKESHAN, TECHNICIAN-I/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT NO.9, 7TH MAIN ROAD, ANNA NAGAR, PAMMAL 75, CHENNAI - 600 075. JAGADEESAN P.N., S/O.M.C.NARAYANAN NAIR, AC COACH ATTENDANT, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN 9 10 11 12 13 14 15 OP(CAT)No.296/2019 and connected cases 12 RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT PARAVATHY NIVAS, CHIRAYINKIL P.O., THIRUVANANTHAPURAM - 695 304. RAVINDRA KUMAR, S/O.GUNESHWAR SAH, TECHNICIAN-I/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT RAILWAY COLONY, Q.NO.129/D,THAMPANOOR, THIRUVANANTHAPURAM - 695 014. PADMAKUMAR B., S/O.G.BALAKRISHNAN NAIR, AC COACH ATTENDANT, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT KURICHI VILA, MALAYAM P.O., THIRUVANANTHAPURAM - 695 571. SREEKUMAR K., S/O.KUTTAN PILLAI, SR.TECHNICIAN/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT PUTHIYAKADA, THEKKEVEEDU, THIRUPURAM, KANCHAMPAZHINJI P.O., THIRUVANANTHAPURAM - 695 525. R.SUNIL KUMAR, S/O.Z.RAMACHANDRN NAIR, AC COACH ATTENDANT, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT C.R.SADANAM, KAKKAMOOLA, KALLIYOOR P.O., THIRUVANANTHAPURAM - 695 522. M.SONAI, S/O.MUTHAN, AC COACH ATTENDANT, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, 6/845, KARUPPUSAMY NAGAR, VIRUDHUNAGAR DISTRICT, TAMIL NADU - 626 001. P.RAJESH, S/O.PRASANNAKUMARAN NAIR, TECHNICIAN-II/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT 754, ATHAM, KALLARATHALA, MUKKAMPALAM MOODU, NARUVAMOODU P.O., THIRUVANANTHAPURAM - 695 027. K.ARJUNAN, S/O.K.KESAVAN, SR.TECHNICIAN/AC,O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM 16 17 18 19 20 21 22 OP(CAT)No.296/2019 and connected cases 13 23 24 25 26 27 DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT KAVIYALLOOR, EDICHAKAPILAVILAI, KATTATHURAI P.O., K.K.DISTRICT, TAMIL NADU - 629 158. AJITHKUMAR K.B., S/O.G.BHASKARAN NAIR, SR.TECHNICIAN/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT PADMASREE HOUSE, VENKADAMPU P.O., THIRUVANANTHAPURAM- 695 006. P.NADESAN, S/O.M.PACHAN, TECHNICIAN -III/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT KGRA-331/1/TC 93/777, KALLUMOODU, ANAYARA P.O., THIRUVANANTHAPURAM - 695 629. HARIDASAN AVALADAN, S/O.KARI A., AC COACH ATTENDANT,O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT UNNIYATHI PARAMBIL HOUSE, ANDIYOORKAVU P.O., PULIKKAL (VIA), MALAPPURAM DISTRICT - 673 637. K.P.SHARMA, S/O.V.M.PODIYAN, SR.TECHNICIAN/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT ASHISH BHAVAN, KODUKULANJI P.O., CHENGANNUR - 689 508. S.K.SHINE, S/O.SAMUEL KUNJAPPY, SR.TECHNICIAN/AC, O/O THE SENIOR SECTION ENGINEER/E/AC/TRIVANDRUM, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014, RESIDING AT THADATHIL PARAMBIL HOUSE, CHINGAVANAM P.O., KOTTAYAM DISTRICT - 686 531. SRI MARTIN G THOTTAN THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 04.03.2025, ALONG WITH OP (CAT).296/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT)No.296/2019 and connected cases 14 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 OP (CAT) NO. 65 OF 2020 AGAINST THE ORDER DATED IN OA NO.942 OF 2018 DATED 02.12.2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS: 1 2 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN P.O., CHENNAI-600 003. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695 014. BY ADV C.DINESH RESPONDENT: P.V. PRADEEP S/O.M.N.VASUDEVAN NAMBOOTHIRI, SENIOR TECHNICIAN/AC, SSE/ELECTRICAL, KOCHUVELI P.O., TRIVANDRUM DIVISION OF SOUTHERN RAILWAY, RESIDING AT PRANAVAM, IRUKUNNAM, TRIVANDRUM-695 021. THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 04.03.2025, ALONG WITH OP (CAT).296/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT)No.296/2019 and connected cases 15 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 OP (CAT) NO. 87 OF 2020 AGAINST THE ORDER DATED 17.01.2020 IN OA NO.22 OF 2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS: 1 2 3 4 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN P. O., CHENNAI - 600 003. SENIOR DIVISIONAL ELECTRICAL ENGINEER SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM - 695 014. SENIOR DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM - 695 014. SENIOR SECTION ENGINEER (ELECTRICAL) SOUTHERN RAILWAY, ERNAKULAM, KOCHI - 682 020. BY ADV C.DINESH RESPONDENTS: 1 ALEXANDER GEORGE, AGED 57 YEARS S/O. GEORGE, AC COACH ATTENDANT, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT MATTATHIL HOUSE, KANNICKAL, MOOLAMATTOM, IDUKKI - 685 589. OP(CAT)No.296/2019 and connected cases 16 2 3 4 5 6 7 8 N. SUDHAKARAN NAIR, AGED 58 YEARS S/O. NARAYANAN NAIR, AC COACH ATTENDANT, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT ABHIRAMAM HOUSE, THAKAZHY, THAKAZHY P. O., AMBALAPPUZHA - 688 562. K. I. SABU, AGED 56 YEARS S/O. K. J. ISSAC, SENIOR TECHNICIAN/AC, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT KURANGATTU HOUSE, MELUKAVUMATTOM, KOTTAYAM - 686 652. M. RAJKUMAR, AGED 56 YEARS S/O. MANIYAN NAIR, TECHNICIAN-I/AC, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT MANGATTU HOUSE, VADAKKENCHERY, PALAKKAD - 679 121. M. HARINARAYANAN, AGED 52 YEARS S/O. M. KRISHNAN, SENIOR TECHNICIAN/AC, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT MULLAKKAL HOUSE, CHATHANCHERYPARAMBIL, SHORNUR P. O., PALAKKAD - 679 121. P. J. BABY, AGED 58 YEARS S/O. P. I. JOHN, TECHNICIAN-I/AC, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT POOPARAYIL HOUSE, THURUTHIKKARA, PAINGARAGAPPILLY, MULANTHURUTHY, ERNAKULAM - 682 314. K. MATHEW, AGED 58 YEARS S/O. THOMMY KURIAN, TECHNICIAN-I/AC, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT KAKKANATTU HOUSE, KATTACHIRA P. O., ETTUMANOOR, KOTTAYAM - 686 572. K. S. SANTHOSH, AGED 43 YEARS S/O. SANKARAN, TECHNICIAN-I/AC, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT KANAPPALLY HOUSE, EDADU, ELAPPALLY, MOOLAMATTOM, IDUKKI - 685 589. 9 K. MOHANAN, AGED 56 YEARS OP(CAT)No.296/2019 and connected cases 17 S/O. K. NARAYANAN NAIR, TECHNICIAN-III/AC, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT NEETHU BHAVAN, KUTTOLANGADI, RAMANATTUKARA P. O., KOZHIKODE - 673 633. P. P. SUNIL, AGED 49 YEARS S/O. P. K. PURUSHOTHAMAN, AC COACH ATTENDANT, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT PUTHENVEETTIL HOUSE, MURIKKUMVAYAL, KARINILAM P. O., MUNDAKKAYAM, KOTTAYAM - 686 513. K. REGHU, AGED 58 YEARS S/O. GOVINDANKUTTY NAIR, AC COACH ATTENDANT, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT GOKULAM NEAR K.S.E.B. SUB STATION, KALADY P. O., MALAPPURAM - 679 582. A. CHANDRAN, AGED 57 YEARS S/O. APPU, AC COACH ATTENDANT, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT ATHIKKUNI HOUSE, MEENANGADI, SULTHAN BATHERI, WAYANADU - 673 124. K. J. JOHNY, AGED 58 YEARS S/O. OUSEPH, AC COACH ATTENDANT, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT KAZHUNNUKANDATHIL HOUSE, MEVELLOOR P. O., KOTTAYAM - 686 609. T. C. JOSEPH, AGED 58 YEARS S/O. T. C. CHACKO, AC COACH ATTENDANT (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT THAIPARAMBIL HOUSE, PALLIKKAVALA, CHERANELLOOR P. O., ERNAKULAM - 682 034. P. D. JOHN, AGED 62 YEARS, S/O. P. J. SEBASTIAN, TECHNICIAN -I/AC (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT PAIKKATTU HOUSE, IE NAGAR P. O., CHANGANASSERY, KOTTAYAM - 686 104. V. K. RAVINDRAN, AGED 62 YEARS, S/O. KARAPPAN, AC COACH ATTENDANT (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 10 11 12 13 14 15 16 OP(CAT)No.296/2019 and connected cases 18 682 020, RESIDING AT VELLAMPARAMBIL HOUSE, PALAZHI, PUDUKKAD P. O., THRISSUR - 680 301. K. K. KUMARAN, AGED 58 YEARS S/O. PAILY, SENIOR TECHNICIAN/AC, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT KOTTANKARIKKAL HOUSE, KRA-20, KUREEKAD P.O., ERNAKULAM - 682 305. P. D. SHEFEEK, AGED 30 YEARS S/O. DASTHAKKEER, AC COACH ATTENDANT, OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHUVELI, RESIDING AT POTTIKUNDIL HOUSE, NO.2/7 GCDA, PALLIKKTTY ROAD, EDATHALA P. O., ALUVA - 683 561. K. V. PHILIPOSE, AGED 60 YEARS S/O. OUSEPH VARKEY, AC COACH ATTENDANT (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT THEVALAKKATU PUTHENPURAYIL HOUSE, CHEMPU, KULASEKHARAMANGALAM P. O., VAIKOM, KOTTAYAM - 686 608. T. J. MATHAI, AGED 62 YEARS S/O. JOSEPH, TECHNICIAN - I (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT THACHAMPURATHU HOUSE, THURUTHIKARA, PANGARAPPILLY P. O., MULANTHURUTHY - 682 314. D. RAMACHANDRA PANICKER, AGED 61 YEARS S/O. DAMODARAN NAIR, AC COACH ATTENDANT (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT VRINDAVANAM HOUSE, MUHAMMA P. O., ALAPPUZHA - 688 525. VARGHESE THOMAS, AGED 58 YEARS S/O. P. M. THOMAS, AC COACH ATTENDANT (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT PARAKULATHU HOUSE, CHELLAKKAD P. O., CHETHONKARA, RANNI - 689 677. P. MOHANDAS, AGED 65 YEARS S/O. PADMANABHAN NAIR, TECHNICIAN -I (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT PARVATHY, 17 18 19 20 21 22 23 OP(CAT)No.296/2019 and connected cases 19 24 25 PURAPADIYATHU, CONVENT ROAD, CHELAKKARA, THRISSUR - 680 586. P. RAVINDRAN AC COACH ATTENDANT (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT SREEJA NIVAS, THRIPPALOOR, PULLODE P. O., PALAKKAD - 678 545. N. NARAYANAN, AGED 62 YEARS AC COACH ATTENDANT (RETIRED), OFFICE OF THE SENIOR SECTION ENGINEER/ELECTRICAL/ ERNAKULAM SOUTHERN RAILWAY, KOCHI - 682 020, RESIDING AT NAMMILIKARA HOUSE, PERUMANOOR P. O., CHALISSERY, PALAKKAD - 679 536. ADV. MARTIN G THOTTAN THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 04.03.2025, ALONG WITH OP (CAT).296/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT)No.296/2019 and connected cases 20 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 OP (CAT) NO. 103 OF 2020 AGAINST THE ORDER DATED 03.01.2020 IN OA NO.23 OF 2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS: 1 2 3 4 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,PARK TOWN P.O., CHENNAI-600 003 SENIOR DIVISIONAL ELECTRICAL ENGINEER, SOUTHERN RAILWAY ,TRIVANDRUM DIVISION, TRIVANDRUM-695 014 SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY ,TRIVANDRUM DIVISION, TRIVANDRUM-695 014 SENIOR SECTION ENGINEER (AC), TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695 014 BY ADV C.DINESH OP(CAT)No.296/2019 and connected cases 21 RESPONDENTS: 1 2 3 4 5 6 7 K.G.GOPI, S/O. GOVINDAN, AC COACH ATTENDANT, UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT ERATTUVILA VADAKKATHIL VEEDU, PERUMPUZHA P.O., KUNDARA, KOLLAM-691 504 SINUMON.P.J., AGED 37 YEARS S/O. JAYAPRAKASH.K., AC COACH ATTENDANT, UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT PARAPPIL HOUSE, MANNANCHERRY P.O., ALAPPUZHA-688 538 K.B.SASIDHARAN NAIR, AGED 51 YEARS S/O. BALAKRISHNAN NAIR, AC COACH ATTENDANT,UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT MALAMEL KUNNATH HOUSE, CHANNANIKADU, CHOZHIKAD, KOTTAYAM-686 531 S.JAGADEESH BABU, AGED 57 YEARS S/O. P.SANKARA PILLAI, AC COACH ATTENDANT,UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT NELLIKKALA VEEDU, BHOOTHAKULAM P.O., KOLLAM-691 302 K.SREEDHARAN PILLAI, AGED 54 YEARS S/O.KOCHUNARAN PILLAI, AC COACH ATTENDANT, UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT SREEDEVI VILASAM, KARICODE, CHANDANATHOPE P.O., BHARATH NAGAR 42, KOLLAM-691 004 P.JYOTHIVEL, AGED 50 YEARS S/O. POONUSAMY, AC COACH ATTENDANT, UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT THANGAMMAPATTI,AYYALUR P.O., DINDIGAL, TAMIL NADU-624 801 T.REMESH KUMAR, AGED 50 YEARS S/O. THAKAPPAN, AC TECHNICIAN GRADE-I, UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT THOTTUMUGHAM, ISWARIYA NAGAR, MANGAD P.O., KOLLAM-691 015 OP(CAT)No.296/2019 and connected cases 22 8 9 0 11 12 13 14 15 S.S.RAJAN, AGED 53 YEARS S/O. N.SOMAN, AC COACH ATTENDANT, UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT KADAYIL VEEDU, KALLIYODE, PANAVOOR P.O., NEDUMANGAD, THIRUVANANTHAPURAM-695 568 S.ZAKIR HUSSAIN, AGED 50 YEARS S/O. M.SHAMSUDEEN, AC COACH ATTENDANT, UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT THARA MANZIL, THAZAMNOOTH, CHATHANOOR, KOLLAM-691 572 N.AJIKUMAR, AGED 51 YEARS S/O. K.NATESAN, AC COACH ATTENDANT,UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT A.R.NIVAS, 62 KELI NAGAR, KILIKOLLOOR P.O., KOLLAM-691 004 S.MOHAN,, AGED 58 YEARS S/O. SAHADEVAN NADAR, AC COACH ATTENDANT,UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT KUZHIVILAI VEEDU, VETTUVENNI, MARTHANDAM P.O., KANYAKUMARI DISTRICT, TAMIL NADU-629125 G.K.UMAMAHESWARAN, AGED 57 YEARS S/O. G.KUTTAN PILLAI, AC COACH ATTENDANT,UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT KAMALAYAM, TC 20/262,CHEKITTARILAKAM LANE, MELARANNOOR, KARAMANA, THIRUVANANTHAPURAM-695 012 E.BINU, AGED 44 YEARS S/O.EVABEEZARM, AC COACH ATTENDANT,UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT T.C.26/663, VANROSS JUNCTION, THIRUVANANTHAPURAM-695 001 R.SUBRAMANIYAN, AGED 50 YEARS S/O. S.RAMAIAH, AC COACH ATTENDANT,UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT PLOT NO.2, ALAMALU MANGAI NAGAR, SELVARAJ NAGAR ETN-5,URAPAKKAM, CHENNAI-603 210 S.SREEKANTAN NAIR, AGED 55 YEARS S/O. P.SUKUMARAN NAIR, AC COACH ATTENDANT,UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN OP(CAT)No.296/2019 and connected cases 23 RAILWAY, RESIDING AT SREERAGAM, NAMBU KONAM, ANACODE, PANNIYODU P.O., THIRUVANANTHAPURAM-695 575 16 ANIL KUMAR.A., AGED 48 YEARS S/O. APPUKUTTAN NAIR, AC COACH ATTENDANT,UNDER SENIOR SECTION ENGINEER/AC/TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, RESIDING AT PANAVILA HOUSE, PIRAPPANCODE P.O., VENJARAMOOD, THIRUVANANTHAPURAM-695 607 ADV. MARTIN G THOTTAN THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 04.03.2025, ALONG WITH OP (CAT).296/2019 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT)No.296/2019 and connected cases 24 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR TUESDAY, THE 4TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 OP (CAT) NO. 82 OF 2021 AGAINST THE ORDER DATED 03.03.2020 IN OA NO.130 OF 2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS/RESPONDENTS 1 TO 4: 1 2 3 4 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN, CHENNAI-600003. THE SENIOR DIVISIONAL ELECTRICAL ENGINEER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695014. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695014. THE SENIOR SECTION ENGINEER (ELECTRICAL), SOUTHERN RAILWAY, KOCHUVELI-695025. BY ADVS. SRI.S.RADHAKRISHNAN, SENIOR PANEL, RAILWAYS KRISHNA T C, DSGI IN CHARGE OP(CAT)No.296/2019 and connected cases 25 RESPONDENTS/APPLICANTS: 1 2 3 4 5 6 7 8 JAIKRISHNAN NARAYAN, AGED 49 YEARS S/O.S.NARAYAN, SENIOR TECHNICIAN, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT CHANDRADHANUS PARANIYAM, POOVAR P.O., TRIVANDRUM-695525. J.S.AJITH, AGED 40 YEARS S/O.JAYADEVAN NAIR, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT THANAL, MUTTAPALAM P.O., VARKALA, TRIVANDRUM C.RAVEENDRAN, AGED 51 YEARS S/O.K.CHELLAPPAN, TECHNICIAN, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT RAILWAY QUARTERS NO.80/A, ANWAR GARDENS, POJAPURA, TRIVANDRUM-695012. K.K.OMANAKUTTAN PILLAI, AGED 56 YEARS S/O.P.KUNJAN PILLAI, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT VAZHAPALLI THEKETHIL, VENGAI P.O., SASTHAN KOTTA, KOLLAM-680521. R.S.MANOJ KUMAR, AGED 43 YEARS S/O.P.RAVEENDRAN NAIR, AC COACH, ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT AYYAMANGALAM, THIRUVALLAM P.O., TRIVANDRUM-695027. JOSEPH MATHEW, AGED 41 YEARS S/O.P.M.MARTIN, AC COACH, ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT PULLUKATTU HOUSE, CHEERANCHIRA P.O., CHANGANACHERRY-686106. S.VINAYAN, AGED 52 YEARS S/O.C.SADASIVAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT MOOLAYIL HOUSE, VILAYIKULAM, KAZHAKUTTAM P.O., TRIVANDRUM-695582. P.R.SANTHOSH KUMAR, AGED 40 YEARS S/O.S.PARAMESWARAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT RADHA BHAVAN, PULIMOODU, VELLAIKADAVU, PULIYARAKONAM P.O., TRIVANDRUM-695573. OP(CAT)No.296/2019 and connected cases 26 9 10 11 12 13 14 15 16 S.BAIJU, AGED 43 YEARS S/O.SUDHAKARAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT KODIYIL VEEDU, NEHRU JN, KAZHAKUTTAM, TRIVANDRUM-695582. A.MOHAN, AGED 58 YEARS S/O.L.APPU, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT DOOR NO.20, M.C.KUPPAM, REDDYUR P.O., JOLARPETTAI, VELLORE DISTRICT, TAMIL NADU-635851. SAKHILA MURMU, AGED 28 YEARS S/O.JASKAN KURMU, TECHNICIAN III, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT RAILWAY QUARTERS NO.129/C, RAIL GARDENS, THAMPANOOR, TRIVANDRUM-695014. K.P.MANOJ, AGED 38 YEARS S/O.P.KESAVAN NAIR, TECHNICIAN I, AC , KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT PRESTIGE AVENUE NO.II, KARIKKAKOM, TRIVANDRUM-695021. S.SREEJITH, AGED 32 YEARS S/O.SASIDHARAN NAIR V, TECHNICIAN AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT DEVI NIVAS, T.C.36/299(7), HOUSE NO.13, MANAVA NAGAR, PETTAH P.O., TRIVANDRUM-695024. P.MADHU, AGED 48 YEARS S/O.S.PRAKASHAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT M.S.BHAVAN, SREE BHADRA LANE, ANIYOOR, CHEMPAZHINTHI P.O., TRIVANDRUM-695587. P.S.SASIDHRAN, AGED 51 YEARS S/O.P.K.SANKARAN, TECHNICIAN II, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT RAILWAY QUARTER NO.139/B, RAIL GARDENS, THAMPANOOR, TRIVANDRUM-695014. P.R.PUSHPARAJ, AGED 58 YEARS S/O.RAMAKRISHNAN P.V, TECHNICIAN II, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT PULICKAL HOUSE, ARMBUR P.O., THRISSUR-680620. OP(CAT)No.296/2019 and connected cases 27 17 18 19 20 21 22 23 24 R.RAMACHANDRAN NAIR, AGED 59 YEARS S/O.T.RAMAN MENON, TECHNICIAN I, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT DEVI KRIPA, KANNIMEL, PATTAZHI P.O., KOTTARAKARA, KOLLAM-691522. B.LALU, AGED 57 YEARS S/O.R.BHARGAVAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT TC 32/63/9, MAKAM NIWAS, KARIKKAKOM P.O., TRIVANDRUM-695542. J.RADHAKRISHNAN UNNI, AGED 58 YEARS S/O.N.RAGHAVAN UNNI, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT THIRUVATHIRA, TC 18/976-15, KUNNAPUZHA, ARANMULA P.O., TRIVANDRUM-689538. R.SAJEESH, AGED 41 YEARS S/O.RAGHAVAN, TECHNICIAN III, AC, TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT PRANAVAM, NETAJIPURAM, SHANTHIGIRI P.O, POOTHOLE, TRIVANDRUM-695589. R.RENJITH-II, AGED 31 YEARS S/O.RAVEENDRAN NAIR, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT KUTTIKALLUMPURATHU, VALIAPADAM, VILANTHARA P.O, SATHANKOTTA, KOLLAM-689696. E.RAJENDRAN, AGED 54 YEARS S/O.ELIAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT NO.4/1253, KAMBER STREET, ANNA NAGAR, THIRUDRAVAR, CHENNAI-600040. N.CHELLADURAI, AGED 58 YEARS S/O.U.NAINAR, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT 689/B, GOLULAM, SANTHAMOOLA, MALAYINKIL P.O., TRIVANDRUM-695571. G.PALANI, AGED 58 YEARS S/O.GOPAL, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT ULLI VILLAGE, PILLAYAR KOVIL STREET P.O., PERNAMBET TALUK, VELLORE DISTRICT, TAMIL NADU-628716. OP(CAT)No.296/2019 and connected cases 28 25 26 27 28 29 30 31 32 33 ABRAHAM MATHEW, AGED 59 YEARS S/O.CHERIAN MATHEW, TECHNICIAN I, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT THEVARVALADY HOUSE, THURUTHY P.O., CHANGANACHERRY, KOTTAYAM-686535. R.RAJESH, AGED 39 YEARS S/O.J.RAVEENDRAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT R.S.BHAVAN, KANJIKKAL, VALATHUNGAL P.O., KOLLAM-691011. K.ARUMUGA NAINAR, AGED 45 YEARS S/O.A.KANNAPIRAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT 179, MUTHULAKSHMI BHAVANAM, INDIRA NAGAR, KIRANAMANGALAM, SULTHAMALLI, THIRUNEVELI-627006. G.SUNIL KUMAR, AGED 45 YEARS S/O.K.GOPINATHAN PILLAI, TECHNICIAN I, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT K.G.NIVAS, KARYAVATTOM P.O., TRIVANDRUM-695581. N.ENILKUMAR, AGED 51 YEARS S/O.NARAYANAN.N, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT INDUJA BHAVAN, KUMMALLOOR P.O., ADICHANELLOR, KOLLAM-691573. J.MOHAMMED AJIM MOHAIDEEN, AGED 49 YEARS S/O.K.M.JAMAL MOHAIDEEN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT TC 39/1129, RRWA-65, ATTAKULANGARA, CHALAI P.O., TRIVANDRUM-695036. A.GOPAKUMAR, AGED 59 YEARS S/O.APPUKUTTAN NAIR, SENIOR TECHNICIAN, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT KOCHUVEEDU, THEVALLY P.O., KOLLAM-691009. V.SASIKUMAR, AGED 57 YEARS S/O.VELAYUDHAN, TECHNICIAN I, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT SARANAALAYAM, KARUMOM P.O., TRIVANDRUM-695002. K.SUGATHAN ACHARY, AGED 55 YEARS S/O.KUNJURAMAN ACHARY, TECHNICIAN I, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT OP(CAT)No.296/2019 and connected cases 29 ADAVIKUZHIYIL, KALLELY P.O., KONNI, PATHANAMTHITTA-689691. T.C.SUKUMARAN, AGED 52 YEARS S/O.CHANDRAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT THAIPARAMBIL HOUSE, EDADU P.O., MOOLAMATTOM, IDUKKI-685589. RATTI RAM MEENA, AGED 33 YEARS S/O.LAXMI NARAYAN MEENA, TECHNICIAN II, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT GHOSVARA VILLAGE, SALWARI P.O., ALWAR DISTRICT, RAJASTHAN-301035. S.GOPAKUMAR, AGED 39 YEARS S/O.SIVAN NAIR, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT AMBADI HOUSE, PNRA-A/66, KIZHAKKUMBHAGOM, KAZHAKUTTAM P.O., TRIVANDRUM-695582. S.RAJESH KUMAR, AGED 41 YEARS S/O.SIVASANKARAN NAIR, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT SIVASHYLAM, VV ROAD, PATTOOR, TRIVANDRUM-695035. T.ASHOKAN, AGED 44 YEARS S/O.ARUMUGHAM, TECHNICIAN, AC, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT AMRITA BHAVAN, KURIYOTTUMALA, PIRAVAMTHOOR, KOLLAM-689696. V.CHENCHURATHNAM, AGED 41 YEARS S/O.V.CHENGALRAYULU, HELPER-II/AC, OFFICE OF SENIOR SECTION ENGINEER, ELECTRICAL, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT DOOR NO.2-2, KOVANNUR (ST COLONY), KOVANUR POST, K.V.B.PURAM (MANDAL), CHITTOOR DISTRICT-517643. B.ANIL KUMAR, AGED 47 YEARS S/O.BALAN, AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT ARUN NIVAS, ALUMMOOD P.O., NADUVILAKKARA, KOLLAM-691577. M.G.UMAMAHESWARAN, AGED 60 YEARS S/O.GANAPATHY DADER, RETIRED AC COACH ATTENDANT, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT MARUTHI BACK STREET, S.KODIYUR, JOLARPETTAI, TIRUPATTUR, VELLORE-635601. 34 35 36 37 38 39 40 41 OP(CAT)No.296/2019 and connected cases 30 42 S.THULASIDHARAN PILLAI, AGED 59 YEARS S/O.SANKARAN PILLA, HELPER-II, OFFICE OF SENIOR SECTION ENGINEER, ELECTRICAL, KOCHIVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT NANDU BHAVAN, PARULTIYARA, ODANAVATTOM PO., KOTTARAKKARA, KOLLAM-691512. THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 04.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT)No.296/2019 and connected cases 31 J U D G M E N T K. V. JAYAKUMAR, J This judgment shall dispose of six original cases. The short question involved in this batch of OP(CAT)s is that, whether AC Technicians/AC Coach Attendants are entitled to overtime allowance for the duties performed by them in excess of 96 hours in a fortnight?.

2. Facts necessary for disposal of these OP(CAT)s in brief are enumerated hereunder: The respondents/applicants are AC Technicians/AC Coach Attendants of Southern Railway. The Tribunal was approached seeking a declaration that, they are entitled for overtime allowance for the duties performed by them in excess of 96 hours in a fortnight. The applicants are required to perform duty at 48 hours per week and 96 hours for two weeks. Over and above 96 hours of work, in a fortnight, the respondents/applicants are entitled for overtime allowance as provided under the Rules. However, in view of the Modified Roster issued by the 7 th respondent/Senior Divisional Electrical Engineer, which was implemented only in Trivandrum division, the AC staff will have to work 48 hours per OP(CAT)No.296/2019 and connected cases 32 week and 96 hours in two weeks and instead of overtime allowance, they would get Compensatory Rest for extra works of duty performed, in excess of 96 hours of duty and for forgoing their statutory weekly rest in violation of hours of duty and period of rest rules.

3. Aggrieved by the aforementioned Modified Roster, the AC Technicians/applicants submitted representations, but there was no positive response from the Southern Railway. Though the applicants have performed extra hours of duty, they were denied overtime allowance on the pretext that compensatory rest was granted to them.

4. A batch of similarly placed employees, aggrieved by the aforesaid Modified Roster, approached the Madras Bench of the Central Administrative Tribunal and filed OA 1158/2012 and the same was allowed as per order dated 12.04.2013 (Annexure-A1). The petitioners/Southern Railway and its officers preferred writ petition before the Madras High Court and thereafter, SLP before the Apex Court challenging Annexure-A1 order, but the writ petition and SLP were dismissed.

5. The contention of the respondents/applicants was that, the issue of overtime allowance involved in these matters are no longer res integra in view of the dismissal of the OP(CAT) and the SLP. OP(CAT)No.296/2019 and connected cases 33

6. The relevant paragraphs of Annexure-A1 order are extracted hereunder: “9. There is no dispute that the applicants are coming under the staff category classified as "Continuous" and they are entitled for Over Time Allowance as per Rule 10 of Railway Servants (Hours of Work and Period of Rest) Rules, 2005 and they have been granted OTA so far. It is only due to the Issue of modified roster which came into effect from 25.12.2011 and subsequently came into effect from 1.1.2012, there appears to be some change in payment of OTA and the applicants are granted extra hours of compensatory rest instead of OTA. In this regard it is relevant to peruse Rule 10 of Railway Servants (Hours of Work and Period of Rest) Rules, 2005, which reads as follows:- Rule10. Principle of averaging and payment of overtime allowance. (1) Where a Railway servant is required to render extra hours of duty beyond the rostered hours fixed in accordance with rule 8 or beyond the limits specified for different classes of Railway servant under Section 132, he shall be paid Overtime for such extra hours of work, subject to the principle of averaging as specified in sub rule(2). (2) Averaging shall be done by averaging of the hours of work over the averaging periods as specified in Section 132 which has been adopted to provide a reasonable measure of elasticity as essential in railway working for certain classes of Railway servants and it shall apply to- (i) running staff (ii) operation staff; (iii) Shift workers; and (iv) those other Railway servants whose work is connected with the work of any of the categories of railway servants mentioned in clauses(i), (ii) and (iii).... (4) The hourly rate of overtime shall be worked out on the basis of rostered hours over the relevant averaging period.... OP(CAT)No.296/2019 and connected cases 34 Thus it is clear that the applicants are entitled for OTA beyond the rostered hours fixed in accordance with rule Rule 8(3)(b). The standard hour of duty for the category of "Continuous" in which the applicants are working is 48 hours per week and 96 hours bi weekly. This is a common and uniform rule adopted by the railways in various divisions of the Railways and there cannot be a separate modified roster by the southern Railway alone. The submission made by the respondents in the reply that the applicants have to render duty of 54 hours per week and 108 hours in two weeks time for being eligible for Over Time Allowance is not correct as the rostered hours fixed in accordance with rule 8 of HOER Rules, 2005 stipulates 48 hours in a week and 96 hours in a fortnight and where a railway servant is required to render extra hours of duty beyond this period is entitled for OTA subject to the principle of averaging as specified in sub rule(2) supra.

10. That apart, a careful perusal of communication dated 23.12.2011 at Annexure A-6 page NO.28 of the OA reveals that for the better utilization of man power economically, the existing roster for AC accompanying staff has been Modified. This communication is issued from the Divisional Office Electrical Branch, Thiruvananthapuram Division where the applicants are working. A further perusal of the impugned order dated 4.6.2012 (Annexure A-1 al, page 9 of the OA reveals that in the case of AC Staff, no change of classification took place and only the link has been revised within the existing classification. Further, third paragraph of the communication dated 4.6.2012 reveals that there is no violation of the provisions noticed in the case of AC staff at NCJ. The respondents have not mentioned about the modified roster anywhere in the impugned order and only in the last paragraph of the communication, the respondents have denied compliance of modified roster (emphasis added). Also the respondents cannot modify the roster for Thiruvananthapuram division alone without following the principles in HOER Rules, 2005.

11. Under the circumstances, I am of the opinion that there is no necessity to interfere with the impugned order dated 4.6.2012 as the respondents themselves agreed that they have not complied with the modified roster. Further the OP(CAT)No.296/2019 and connected cases 35 respondents have to adopt uniform method to grant OTA for the employees of all Divisions without restricting it to a particular division which is violative of the guidelines in HOER Rules. 2005. Accordingly I hold that the applicants are entitled for over lime allowance for excess hours of duty performed in excess of 96 hours + 8 P&C hours in a fortnight in terms of Rule 10 of Hour of Work and Period of Rest) Rules, 2005 and the respondents are further directed to pay OTA to the applicants for extra duty hours exceeding 96 hours for two weeks instead of giving CR for extra hours of duty. OA is allowed: No order as to cost.” In view of the order of the Central Administrative Tribunal, Madras Bench, which was confirmed by the Madras High Court and the Supreme Court, the issue involved in this OP(CAT)s is no longer res integra. In view of this matter, the present OP(CAT)s are liable to be dismissed. The OP(CAT)s are dismissed accordingly. Sd/- JUDGE AMIT RAWAL Sd/- K. V. JAYAKUMAR JUDGE Sbna/ OP(CAT)No.296/2019 and connected cases 36 APPENDIX OF OP (CAT) 40/2020 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P2 (A1) EXHIBIT P2(A2) EXHIBIT P2 (A3) EXHIBIT P2(A4) EXHIBIT P2(A5) EXHIBIT P2 (A6) EXHIBIT P2(A7) EXHIBIT P2 (A8) EXHIBIT P2(A9) EXHIBIT P2(A10) EXHIBIT P2(A11) EXHIBIT P2 (A12) EXHIBIT P2 (A13) EXHIBIT P2 (A14) EXHIBIT P2 (A15) TRUE COPY OF THE ORDER DATED 4TH NOVEMBER 2019 IN O.A.NO.180/00988/2018 PASSED BY THE CENT5RAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE O.A.NO.180/00988/2018 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE ORDER DATED 12TH APRIL 2013 IN O.A.NO.1158 OF 2012 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH. TRUE COPY OF THE ANNEXURE A2 OF THE OA (JUDGMENT IN WP NO.33228 OF 2013 DT.27/01/2014). TRUE COPY OF THE COMMON FINAL ODER DASATED 7TH APRIL 2017 IN O.A.NOS.180/885/2015, 180/948/2015 AND 180/988/2015 OF THE TRIBUNAL. TRUE COPY OF THE ORDER NO.V/P 483/P/ELE DATED 03/07/2018 ISSUED BY THE 2ND RESPONDENT. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST APPLICANT DATED 05/4/2018. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND APPLICANT DATED 18/10/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD APPLICANT DATED 07/06/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH APPLICANT DATED 07/06/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH APPLICANT DATED 18/12/2017. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH APPLICANT DATED 27/07/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 7TH APPLICANT DATED 05/04/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 8TH APPLICANT DATED 18/12/2017. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 9TH APPLICANT DATED 28/07/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 10TH APPLICANT DATED 30/07/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY OP(CAT)No.296/2019 and connected cases 37 EXHIBIT P2 (A16) EXHIBIT P2 (A17) EXHIBIT P2 (A18) EXHIBIT P2 (A19) EXHIBIT P2(A20) EXHIBIT P2(A21) EXHIBIT P2 (A22) EXHIBIT P2 (A23) EXHIBIT P2(A24) EXHIBIT P2 (A25) EXHIBIT P2 (A26) EXHIBIT P2 (A27) EXHIBIT P2 (A28) EXHIBIT P2 (A29) EXHIBIT P2 (A30) EXHIBIT P2 (A31) THE 11TH APPLICANT DATED 05/04/2018. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 12TH APPLICANT DATED 05/04/2018. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 13TH APPLICANT DATED 07/06/2018. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 14TH APPLICANT DATED 18/12/2017. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 15TH APPLICANT DATED 07/06/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 16TH APPLICANT DATED 18/12/2017. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 17TH APPLICANT DATED 03/08/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 18TH APPLICANT DATED 30/07/2018. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 19TH APPLICANT DATED 18/12/2017. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 20TH APPLICANT DATED 18/12/2017. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 21ST APPLICANT DATED 18/12/2017. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 22ND APPLICANT DATED 23/01/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 23RD APPLICANT DATED 18/12/2017. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 24TH APPLICANT DATED 07/09/18. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 25TH APPLICANT DATED 18/12/2017. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 26TH APPLICANT DATED 05/04/2018. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 27TH APPLICANT DATED 15/08/18. OP(CAT)No.296/2019 and connected cases 38 APPENDIX OF OP (CAT) 65/2020 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P2 (A1) EXHIBIT P2 (A2) EXHIBIT P2 (A3) EXHIBIT P2 (A4) EXHIBIT P2 (A5) EXHIBIT P2 (A6) EXHIBIT P2 (A7) TRUE COPY OF THE ORDER DATED 2ND DECEMBER 2019 IN OA NO.180/00942/2018 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE OA NO.180/00942/2018 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE ORDER DATED 12TH APRIL 2013 IN OA NO.1158 OF 2012 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH. TRUE COPY OF THE LETTER BY WHICH THE DUE AND DRAWN STATEMENT SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT. TRUE COPY OF THE LETTER NO.V/P OA 1158/2012/62 DATED 09.09.2014 ISSUED BY THE 2ND RESPONDENT. A TRUE COPY OF THE SUPPLEMENT NO.24/75 OF FORTNIGHTLY RAILWAY GAZETTE DATED 15TH DECEMBER, 1975. A TRUE COPY OF THE JUDGMENT DATED 22.01.1987 OF THE HON'BLE SUPREME COURT IN WPC NO.13748- 84 OF 1094. A TRUE COPY OF THE WORKSHEET ISSUED TO THE 6TH APPLICANT IN OA NO.885/2015. A TRUE COPY OF THE LETTER DATED 26.06.2019. OP(CAT)No.296/2019 and connected cases 39 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P2 - A1 EXHIBIT P3 APPENDIX OF OP (CAT) 87/2020 TRUE COPY OF THE ORDER DATED 17TH JANUARY 2020 IN O.A.NO.180/00022/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE O.A.NO.180/00022/2019 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE ORDER DATED 12TH APRIL 2013 IN O.A.NO.1158 OF 2012 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH. TRUE COPY OF THE REPLY STATEMENT IN O.A.NO.180/00022/2019 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. OP(CAT)No.296/2019 and connected cases 40 APPENDIX OF OP (CAT) 103/2020 PETITIONER EXHIBITS EXHIBIT P1 ANNEXURE-A1 EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 3RD JANUARY 2020 IN O.A NO.180/0023/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH TRUE COPY OF THE ORDER DATED 12TH APRIL 2013 IN OA NO 158 OF 2012 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH TRUE COPY OF THE OA NO.180/00023/2019 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL , ERNAKULAM BENCH TRUE COPY OF THE REPLY STATEMENT IN OA NO.180/00023/2019 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH OP(CAT)No.296/2019 and connected cases 41 APPENDIX OF OP (CAT) 296/2019 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P2(A1) Exhibit P2(A2) TRUE COPY OF THE ORDER DATED 30TH JANUARY 2019 IN O.A. NO. 180/00951/2017 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE ORDER O.A. NO. 180/00951/2017 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY OF THE ORDER DATED 12TH APRIL 2013 IN O.A. NO. 1158 OF 2012 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH. TRUE COPY OF THE LETTER NO.V/P OA 1158/2012/62 DATED 09.09.2014 (ANNEXURE A2) PRODUCED ALONG WITH O.A. NO. 180/00951/2017. OP(CAT)No.296/2019 and connected cases 42 APPENDIX OF OP (CAT) 82/2021 PETITIONER EXHIBITS Exhibit P1 Annexure A1 Annexure A2 Exhibit P3 Annexure R1 Exhibit P4 Annexure A3 Annexure A4 Annexure A5 Annexure A6 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P2 A TRUE COPY OF THE INTERIM ORDER DATED 03.03.2020 IN OA NO.130/2019. A TRUE COPY OF THE JUDGMENT PASSED BY THE SUPREME COURT IN WRIT PETITION NO.13748/1984 DATED 22.01.1987. A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT DATED 22.05.2018. A TRUE COPY OF THE REPLY STATEMENT FILED BY THE RAILWAYS. A TRUE COPY OF THE RAILWAY SERVANTS (HOURS OF WORK AND PERIOD OF REST) RULES 2005. A TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS. A TRUE COPY OF PB CIRCULAR NO.148/75 DATED 15.12.1975. A TRUE COPY OF THE LETTER BEARING NO.V/POA 1158/2012/62 DATED 09.09.2014. A TRUE COPY OF THE WORKSHEET. A TRUE COPY OF THE LETTER DATED 26.05.2019. A TRUE COPY OF CIRCULAR NO.RBE/157/1985 DATED 27.06.1985. A TRUE COPY OF LETTER NO.83/ELECT.1/138/8 DATED 25.10.1985 ISSUED BY THE RAILWAY BOARD. A TRUE COPY OF THE ORDER PASSED BY THE CAT, MADRAS BENCH DATED 12.04.2013 IN OA NO.1158/2012. A TRUE COPY OF THE JUDGMENT DATED 27.01.2021 IN WP(C) 33228/2013 OF THE MADRAS HIGH COURT. A TRUE COPY OF THE ORIGINAL APPLICATION FILED BY THE RESPONDENTS.

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